Steffen v. Schwan's Sales Enterprises, Inc.

[¶ 24.] The Court decides that the issue of contributory negligence should not have been submitted to the jury. In consider*622ing whether there is evidentiary support for giving a contributory negligence instruction, “a reviewing court must give the evidence the most favorable construction it will reasonably bear. If there is some evidence bearing on the issue, a reviewing court will not disturb the trial court’s giving of an instruction.” Treib v. Kern, 513 N.W.2d 908, 912 (S.D.1994) (emphasis added) (quoting Howard v. Sanborn, 483 N.W.2d 796, 797 (S.D.1992) (quoting Gerlach v. Ethan Coop…